Updated: 25th September 2017
The terms "Storengy UK Limited", "Storengy UK", "us", "we", or "our" refer to Storengy UK Limited. The terms "you" or "Customer" refers to the user or viewer of the NEMO Portal.
"Account" means an account with Storengy UK to access and use the NEMO Portal;
"GTC" means the General Terms and Conditions;
"SSC" means the Storage Services Contract entered into by Storengy UK and the Customer (which comprises the Signature Document, the Specific Terms and the GTC);
"Third Party Sites" has the meaning given in clause 5.
Access to the NEMO Portal
You have entered into the SSC with Storengy under which you are permitted to access and use the NEMO Portal as permitted by the functionality of the NEMO Portal, including to: communicate with Storengy UK in respect of the Storage Services; enter nominations and re-nominations for gas injection and gas withdrawal; track your gas movements; check your inventory levels; display your maximum daily capacities and your position on the inventory tunnel; and check scheduled and unscheduled maintenance to the NEMO Portal.
The following additional terms also apply to your use of the NEMO Portal:
To access the NEMO Portal, you will first need to set up an Account in accordance with the procedure set out in Schedule F of the GTC.
If you have any concerns about your login details or think such details have been misused, you should promptly notify us and take such other steps as may be required by the Commercial IT System Manual.
Restrictions on use of the NEMO Portal
You shall not access, store, distribute, or transmit any virus, data or any material during the course of your use of the NEMO Portal that is unlawful, illegal, harmful, threatening, defamatory, obscene, abusive, or infringing any rights, or in any way not in compliance with applicable laws. Storengy UK may, without liability to you, disable the NEMO Portal to the extent necessary to disable access to any data or material that breaches any provision of this clause.
You shall not, and shall not permit any Authorised Representative, Account Representative, or third party to, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties:
attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the NEMO Portal; or
access all or any part of the NEMO Portal in order to build a product or service which competes with the NEMO Portal or the Storage Services;
use the NEMO Portal to provide services similar to the NEMO Portal or the Storage Services to third parties; or
You shall not access without authority, interfere with, damage, or disrupt: (a) any part of the NEMO Portal; (b) any equipment or network on which the NEMO Portal is stored; (c) any software used in the provision of the NEMO Portal; or (d) any equipment or network or software owned or used by any third party.
You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the NEMO Portal, and in the event of any such unauthorised access or use you shall promptly notify Storengy UK in writing.
You acknowledge and agree that Storengy UK and/or its licensors own all intellectual property rights in the NEMO Portal. Except as expressly stated herein and in the SSC, you are not granted any intellectual property rights or any other rights or licenses in respect of the NEMO Portal.
Third Party Websites or Services
The NEMO Portal may contain links to, or call the servers of, third party websites or services that are not under the control of Storengy UK, solely at the direction of and/or convenience to you ("Third Party Sites"). As such, Storengy UK is not responsible for, and makes no express or implied warranties with regards to, the information, content or other material, products, or services that are contained on or are accessible through, or the policies regarding the use and privacy of, Third Party Sites. Access to and use of Third Party Sites, including the information, content, material, products, and services on such websites or available through such websites, is solely at your risk.
The NEMO Portal is provided to you on an "AS IS" basis and Storengy UK gives no representations, warranties, conditions or other terms of any kind in respect of the NEMO Portal, whether express or implied, including, but not limited to, warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
The information contained on the NEMO Portal (including information regarding any nominations made by you, and regarding the availability of the NEMO Portal (including any maintenance constraints)) is provided by Storengy UK in good faith on an "AS IS" basis, and you must verify the information before using it (whether to make any investment decision or otherwise). We do not make any representation or warranty that the information contained on the NEMO Portal is reliable, accurate, or complete, or that your access to the information will be uninterrupted, timely or secure. Storengy UK does not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on the NEMO Portal.
death or personal injury caused by that Party's negligence; or
fraud or fraudulent misrepresentation.
Storengy UK shall not be liable to you, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution, or otherwise, for any loss or damage (whether direct or indirect) arising in connection with your use or failure to use the NEMO Portal.
Nothing in this clause 6 is intended to, or shall, affect the liability of Storengy UK under the SSC.
Suspension of the NEMO Portal
We do not guarantee that the NEMO Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the NEMO Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Suspension and Termination of Access
Storengy UK may terminate your access to the NEMO Portal with immediate effect if you:
infringe Storengy UK's intellectual property rights in the NEMO Portal or make, or permit to make, any unauthorised use of the NEMO Portal.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any other breach.
Storengy UK may update and change the NEMO Portal from time to time to reflect changes to the Storage Services, our customers' needs, and our business priorities.
Third Party Rights
Governing Law and Dispute Resolution